Union Pacific Railroad Company-Temporary Trackage Rights Exemption-BNSF Railway Company

Federal Register, Volume 85 Issue 5 (Wednesday, January 8, 2020)
[Federal Register Volume 85, Number 5 (Wednesday, January 8, 2020)]
[Pages 949-950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00092]
[Docket No. FD 36372]
Union Pacific Railroad Company--Temporary Trackage Rights
Exemption--BNSF Railway Company
    Union Pacific Railroad Company (UP), a Class I rail carrier, has
filed a verified notice of exemption under 49 CFR 1180.2(d)(8) for the
acquisition of temporary overhead trackage rights over an approximately
51.7-mile rail line of BNSF Railway Company (BNSF) between milepost
579.3 near Mill Creek, Okla., on BNSF's Creek Subdivision and milepost
631.0 near Joe Junction, Tex., on BNSF's Madill Subdivision, pursuant
to the terms of a Temporary Trackage Rights Agreement (Agreement).\1\
    \1\ A copy of the Agreement was filed with the verified notice.
    UP states that the purpose of the temporary trackage rights is to
permit it to move empty and loaded unit ballast trains solely for UP's
maintenance of way projects. The Agreement provides that the trackage
rights are temporary in nature and are scheduled to expire on December
31, 2020.
    The transaction may be consummated on or after January 22, 2020,
the effective date of the exemption (30 days after the verified notice
was filed).
    As a condition to this exemption, any employees affected by the
acquisition of the temporary trackage rights will be protected by the
conditions imposed in Norfolk & Western Railway--Trackage Rights--
Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in
Mendocino Coast Railway--Lease & Operate--California Western Railroad,
360 I.C.C. 653 (1980), and any
[[Page 950]]
employees affected by the discontinuance of those trackage rights will
be protected by the conditions set out in Oregon Short Line Railroad--
Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).
    If the verified notice contains false or misleading information,
the exemption is void ab initio. Petitions to revoke the exemption
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a
petition to revoke will not automatically stay the effectiveness of the
exemption. Petitions for stay must be filed no later than January 15,
2020 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36372, must be filed with
the Surface Transportation Board either via e-filing or in writing
addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, a
copy of each pleading must be served on UP's representative, Jeremy M.
Berman, Union Pacific Railroad Company, 1400 Douglas Street, Stop 1580,
Omaha, NE 68179.
    According to UP, this action is categorically excluded from
environmental review under 49 CFR 1105.6(c)(4) and historic
preservation reporting requirements under 49 CFR 1105.8(b)(3).
    Board decisions and notices are available at www.stb.gov.
    Decided: January 2, 2020.
    By the Board, Allison C. Davis, Director, Office of Proceedings.
Eden Besera,
Clearance Clerk.
[FR Doc. 2020-00092 Filed 1-7-20; 8:45 am]